I have been reading an interesting translation from “Acilian Law on the Right to Recovery of Property Officially Extorted” by Manius Acilius (122 B.C.). The text (translation) is provided by The Lillian Goldman Law Library, Yale School of Law-The Avalon Project. Besides the topic indicated by the title also included is what might be considered the first actual mention of the ‘legal’ undertaking and requirement for taking an “oath”. Also, there is an original set of guidelines for ‘an election’ or as in this case ‘selection’ of jurors which seems to be the precursor to our own electoral process and requirement for jury duty. I expect this will be boring to some people but I love this kind of information and research because it educates me on the roots of our own Constitutional Republic that emerged due to the classical education of many of our Founders who were able to read and comprehend these teachings in their original form without the need of translation. Very often than not, I rely on my own translation abilities as I too prefer to absorb the experience from their original texts, but have chosen for expediency to trust the source in this case. Here are the highlights, so far……. ON JURORS: “….6) THE SELECTION of the 450 Men for This Year. The peregrine praetor within the next ten days after this law is passed by the people or plebs shall provide for the selection of 450 persons in this State who have or have had a knights census ... provided that he does not select a person who is or has been plebeian tribune, quaestor, triumvir capitalis, military tribune in any of the first four legions, or triumvir for granting and assigning lands, or who is or has been in the Senate, or who has fought or shall fight as a gladiator for hire ... or who has been condemned by the judicial process and a public trial whereby he cannot be enrolled in the Senate, or who is less than thirty or more than sixty years of age, or who does not have his residence in the city of Rome or within one mile of it, or who is the father, brother, or son of any above-described magistrate, or who is the father, brother, or son of a person who is or has been a member of the Senate, or who is overseas. 7) THE NAME, FATHER, TRIBE, AND COGNOMEN of the Persons Selected To Be Indicated. The person who selects the 450 judices for this year in accordance with this law ... on the ... day after he has selected them shall attend to the registration, on a tablet of white with black letters, of the names of all those persons who have been selected members of the panel of 450 for this year, in accordance with this law, and the names of their fathers and of their tribes and their cognomens, and he shall have them arranged in a list according to tribes, and he shall keep these lists posted during his magistracy. If anyone wishes to copy these, the praetor shall give permission and shall afford to whoever wishes it the opportunity of so writing. The praetor, who selects them, shall provide that the names of the 450 persons selected in accordance with this law shall be read in a public meeting and shall take oath that he has selected men in accordance with this law who, after due consideration, he believes will be the best and most capable judices; and the said praetor shall preserve in the public archives as a permanent record the names of all 450 persons whom he selects in accordance with this law. ON THE OATH OF JURORS: “….23) THE JUDICES TO TAKE OATH before They Retire for Deliberation. The praetor having jurisdiction over the proceedings in accordance with this law shall provide that the judices. who are selected for the said case in accordance with this law, shall take oath before they retire for deliberation: that he ... will not do anything fraudulently whereby anyone will be informed of his opinion or that of any other judex ......”
Posted on: Wed, 24 Sep 2014 16:46:06 +0000
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